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High Court for State of TelanganaWP/19346/2018disposed of no costs

B.Laxmikanth v. The District Educational Officer,

2018-06-13P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.19346 OF 2018 DATED : 13.06.2018 Between :

B.Laxmikanth S/o.Waman Rao, Aged about 32 yrs, Secondary Grade Teacher, M.P.P. School, Appepalle, Asifabad Mandal, Komorambheem Asifabad District (Old Adilabad District) & others ..

Petitioners And The District Educational Officer, Adilabad District. & others.

.. Respondents This court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.19346 of 2018 ORDER :

The petitioners participated in the transfer counselling held in the year 2013 and were transferred to Appepalle, Asifabad Mandal, Belgaon Thanda, Kuber Mandal, Adilabad District and Z.P.H.S.Vettem, Rajanna Sircilla District respectively. Though orders of transfer were issued on 15.5.2013, they were not relieved as no other person was posted in their place to be relieved and they were actually relieved in July, 2015. Pursuant to the relaxation of ban, Government notified Telangana Teachers (Regulation of Transfers) Rules, 2018 (for short 'the Rules, 2018'). Rule-6 of the Rules, 2018 deals with entitlement points which are the basis to determine the place of choice for transfer. 2.

According to learned counsel for the petitioners, though the petitioners were actually transferred in the year 2013, but as they were relieved only in the year 2015, the entitlement points are computed only from the year 2015 i.e., from the date of working in the present place depriving weightage points for the two previous years.

3.

Admittedly, transfers schedule is not given. Rule-11 of the Rules, 2018 prescribes notification of seniority list. On publishing the seniority list according to Rule-12 of the Rules, 2018, objections can be filed before the District Educational Officer and the District Educational Officer should consider the objections and take appropriate decision.

4.

Since so far no objections are filed and no decision is made on the claim of the petitioners, this Court is not inclined to entertain the Writ Petition at this stage.

5.

Granting liberty to the petitioners to raise objections on computation of the entitlement points from the date of transfer instead of date of actual working, the Writ Petition is disposed of. It is needless to observe that if such objections are raised, the District Educational Officer shall consider the objections before finalizing the transfers. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 13th June, 2018 Rds